IF FIR is filed, than police definitely will seize car, ask them to provide FIR. Right of accused. And police should have issued notice to driver and owner of car. I don`t think any IFR has been filed. Ask them to provide FIR, if they don`t stop responding them.
Road accident
My can driver hit 2 ladies on 20/03/2018 at 7:00 am in Meerut. I got a call from Meerut Police Station in December,2018. Till then I had sold the cab. Now Police is asking me that they need to carry my car to Meerut from Delhi and present it in the court. I asked them why they called me after so many many months and didn't send any notice, they said the matter was being investigated at Thana level. Pls suggest. In FIR their are charges under section 279 and 338. They r also saying v can finish this case if you pay 20000/- to us otherwise v shall take your cab to the court.
Asked 6 years ago in Criminal Law
Religion: Hindu
12 Answers
The vehicle in an accident case is always case property and can be demanded by Court.
As per money in settlement it is out of court procedure and needs to be verified at your level.
See charges of negligence and gracious hurt must be there on driver as he was driving you can inform police that there was no intimation from there side and you sold off the vehicle .
See police is asking for bribe to give favourable police report.
1) inform the cops that cab has already been sold by you and that you do not ha e it in your possession
2) contest rash and negligent driving case on merits
3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
4) we cannot advise you to pay bribes
The accident happened in March. The police contacted you in December. The cab has already been sold but it has to be produced as evidence and for that they have to carry it.
The present owner would also be involved. He may file a case against you for not informing him about the incident.
There are multiple issues.
Act accordingly.
Regards
Engage a lawyer in meerut who would do the investigation and find out what is the status and the amount claimed.
1. The Police have no authority to take the Vehicle to Court. They have to prepare panchnama with proper witnesses and produce the same in court. The police has to record statement of driver and produce him and the statement before the court.
2. It is a accident case involving not you, BUT your vehicle and the driver and the lady. The insurance co. shall take care of all claims. The driver shall be punished and not you.
Kindly take your case infront of police commissioner, CBI and Corruption Officer.
You need to appoint a lawyer first. They can take the can for verification and will return the same to you
Dear client
In this case ask them about the details of the FIR against you or try to find the FIR online.
The court don't order to present vehicle in the court. As they are calling you to squeeze money from you. Ask them a simple question that if you give them 20000 rs will they discharge you and your driver in the chargesheet. If yes pay them the money and get your self and driver discharged. As court cases only harass the people and your driver have to go to every hearing till the case will continue.
immediately move a writ before hon'ble high court to annexed with all your proof ,evidences and all your fact. I think definitely you will get relief.
If you want to avoid long drawn legal battle and all legal processes with unnecessary tension and expenses, you may decide a better option that is before you or the one suggested by police.
- As per the information mentioned in the present query, makes it clear that your have been targeted by the police for not reason.
- In accident cases, it is not the situation wherein police will call someone after so much delay at their hand.
- And there is not fault at your end for selling the cab as any prudent person would have sold it if not informed about any case being filed against someone and needing the presence of the car.
- And why the hell thy have been asking for the amount so mentioned above in the query when the matter is subjudice before the court of law.
- No, need to give any amount to them in fact tell them that you are ready to give the statement that you have sold the cab.
- Once the FIR has been registered then it can’t be taken back like what they have been saying to you, it should be settled between the parties and then it gets quashed by the court of law.
Thank you very much sir for wonderful ratings over Kaanoon for me.
if you wish then you can also consult me through Kaanoon and then I can tell you more precisely as to how you need to proceed legally further after paying a nominal consultation fees to me via Kaanoon.
regards
Advocate Sanjay Baniwal